On Mutual divorce pending in the court last one year
Querist :
Anonymous
(Querist) 27 June 2010
This query is : Resolved
Dear Sir,
my niece was married in Jne 2005 at Hyderabad under Hindu traditional marriage,arranged marriage.within one month from marriage the husband left for USA on an Assignment.The wife who was also employed well for four years resigned her job in India and joined her husband there in USa in October 2005.But their married life was not smooth.She seperated from him within six months and took up a job in another city in USa lived seperately till March 2008.She
came back to live with him at his request.But things did not work out so she moved out to live seperately from him in June 2008 and has been living in USa even now seperated from her husband.In the mean time she also obtained her H1 Visa to live and work in USa.Her husband's efforts to get H1 visa did not succeed and hence had to return back to India in November,2008 and has never vidted her till now.Since the couple lived for few days in the house built there in Bangalore,the couple had filed a Divorce petition on Mutual consent at Bangalore Family court way back in April,2009.The girl has visa problem,plus loosing her current job ,if she is waay from USa for more than two weeks,plus her employer is processing her case for a green card and she cannot leave USa for next 8 months till her application is cleated.She has only her mother who is a widow.She has given me Power of attorney to represent her case in the Family court at Bangalore notarised by USa people.Though the case has been coming for hearing every month in Bangalore family ,the judge is insisting on the personal appearance of the girl at the court,inspite of our trying to tell the judge the difficulties for her appearance.We tried to tell the judge that we can arrange for a vedeo conferencing through Web cam ,by bringing in our Laptop,with web camera and Wireless internet to the court for the judge to record the evidence.But he refuses and insists on her appearance.
In the absence of divorce the girl has been paying double income tax in USa including for her husband who is not there under US Tax law,plus she cannot acquire any property in USa till her divorce as her husband can have claim in it as per USa law.
It is more than one year that we filed the divorce petition and more than two years that the couple are seperated.What is the best method to get the problem resoved at the earliest without the girl having to come here to India for giving personal evidence.
Kindly clarify.Thanking you
Swaminathan.K.
Arun Kumar Bhagat
(Expert) 27 June 2010
You prefer a civil revision before the High Court of Karnataka against the order refusing video conference evidence or evidence through power of attorney. If you donot succeed in High Court then let the said case be dismissed and ask the husband to file case for divorce on any other ground like desertion etc.and get the ex-party order by not contesting the same by your neice. By--Arun Kumar Bhagat, Family Court Advocate, Kolkata.
